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Madhya Pradesh High Court · body

2016 DIGILAW 496 (MP)

Rajesh Saurabh Nayak v. State of M. P.

2016-06-22

ANURAG SHRIVASTAVA, RAJENDRA MENON

body2016
ORDER 1. The petitioner has filed this writ petition pro bono and the grievance of the petitioner pertains to unauthorized and illegal operation of Barat Ghar cum marriage gardens in the city of Katni, misuse of the same by playing high sound music system or DJ and other music equipments creating public nuisance, noise pollution and traffic jams in the areas where they are situated. They are functioning in contravention to all the statutory rules and regulations. 2. On notice being issued, the Municipal Corporation has filed a reply supported by an affidavit of the Deputy Commissioner, Municipal Corporation, Katni. On going through the reply submitted by the Municipal Corporation, Katni, we find that right from the year 2014 and in pursuance of certain directions issued by this Court on 20.11.2014 in Writ Petition No.17276/2015, the Municipal Corporation was required to point out the short-comings to the owners of Barat Ghar cum marriage gardens and give them time of 15 days to remove the default or else take appropriate action in the matter in accordance with law. The return filed by the Municipal Corporation goes to show that in pursuance of the same, opportunity of hearing was granted by the Municipal Corporation on 10.12.2014, on which date seven owners and proprietors of the Barat Ghar cum marriage gardens appeared, but their submissions were found to be unsustainable, therefore, the Municipal Corporation directed them to appear along with the necessary documents. The averments made by the Municipal Corporation from para 5 onwards of their reply and on a perusal of the documents i.e. Annexure R-1 to Annexure R-7, goes to show that not only action was proposed to be taken for lodging FIR, communications were made to the M.P. Pollution Control Board, the competent authority under Bhoomi Vikas Rules, Electricity Board and the police authorities in the matter of establishment of Barat Ghars and marriage gardens and functioning contrary to the statutory requirements. It is seen that the municipal corporation had been writing to the police authorities, State government and the authorities of the Electricity Board and Pollution Control Board etc. for taking action but nothing seems to have been done and the matter is still kept pending. 3. It is seen that the municipal corporation had been writing to the police authorities, State government and the authorities of the Electricity Board and Pollution Control Board etc. for taking action but nothing seems to have been done and the matter is still kept pending. 3. In view of the aforesaid, it is directed that the Commissioner, Municipal Corporation, Katni, shall constitute a committee of two officers working under him, who should be directed to visit each of the Barat Ghars and marriage gardens situated in the city of Katni within the jurisdiction of Katni Municipal Corporation, inspect the establishment with reference to fulfilling the requirement of the statutory provisions like the Municipal Corporation Act, Bhoomi Vikas Rules, Electricity Act, Pollution Control rules and regulations, noise pollution/ encroachment etc. and based on the inspection submit a report to the Commissioner, Municipal Corporation, Katni, within a period of two months from the date of constitution of the committee. The Commissioner, Municipal Corporation, Katni, based on the defects or irregularities, if any pointed out by the said committee, shall issue notice to each of the owners or proprietors of the Barat Ghars and marriage gardens situated in the district of Katni, and grant them fifteen days' time to rectify the defect, irregularity or illegality. Thereafter, if same are not removed, the Commissioner, Muncipal Corporation, Katni, shall inform about the defects to the concerning departments as indicated hereinabove, which shall take coercive action including penal action against the owners and proprietors of the aforesaid Barat Ghars and marriage gardens for violating the statutory provisions. 4. The Collector, Katni and the Commissioner, Katni, shall ensure that the directions issued by this Court is duly complied and the matter is brought to a logical end within a period of six months from the date of receipt of certified copy of this order. 5. Needless to emphasize that if thereafter again, any irregularity or illegality exists, the petitioner or the concerning person may bring the same to the notice of this Court. 6. 5. Needless to emphasize that if thereafter again, any irregularity or illegality exists, the petitioner or the concerning person may bring the same to the notice of this Court. 6. We emphasize that no opinion is expressed on the merits of the allegations made by the petitioner and, therefore, the respondents are free to proceed in the matter in accordance with law and ensure that before taking any action against the persons concerned all legal requirements i.e. due process of law, principles of natural justice and opportunity of hearing are granted to the persons or establishment concerned and then only decision be taken in the matter in accordance with law. 7. In case, looking to the nature of work to be done by the respondents for complying with the directions issued in this order, if any extension of time is required, the respondents are free to indicate the same and seek extension of time. 8. With the aforesaid, this petition stands disposed of. Saurabh Sharma for petitioner; Piyush Dharmadhikari, Government Advocate for respondents No.1, 2 and 4 to 7; Tabrez Sheikh for respondent No.3.